Common Wisconsin Traffic Violations
Speeding 1-10 MPH over the limit
The most common speeding ticket in Wisconsin. Easy to plead down to a non-moving violation with counsel in most Racine, Kenosha, and Walworth courts.
- Demerit points
- 3 points
- Typical fine
- $30-$300 statutory forfeiture (Wis. Stat. § 346.60(2)(a)); $50-$300 on an expressway or freeway. What you actually pay is the uniform deposit, and it depends on which court has the case. In circuit court the 2026 Wisconsin Judicial Conference schedule totals $175.30 (a $30 deposit plus $7.80 penalty surcharge, $23 jail/crime-lab, $89.50 justice-information surcharge, and $25 court costs). In municipal court, where the $89.50 surcharge does not apply and court costs are set locally, the same $30 deposit totals $75.80 to $108.80. Most city and village police citations are municipal.
- License impact
- No direct suspension, but points accumulate on your record. 12 points in 12 months triggers a WisDOT point suspension under Wis. Admin. Code Trans 101.04(1).
- Insurance impact
- Many carriers treat a moving conviction as a rating event; amount and duration vary by policy.
Wisconsin uses absolute speed limits. Even a conviction for 1-10 MPH over carries 3 demerit points under Wis. Admin. Code Trans 101.02(3)(n), and the conviction is visible to insurers on the driving record.
Speeding 11-19 MPH over the limit
A meaningful step up from minor speeding. Frequently reducible to a non-moving violation or a 1-10 over plea through local court negotiation.
- Demerit points
- 4 points
- Typical fine
- $30-$300 statutory forfeiture (Wis. Stat. § 346.60(2)(a)); $50-$300 on an expressway or freeway. The 2026 uniform deposit schedule splits this tier: in circuit court, $175.30 for 11-15 MPH over and $200.50 for 16-19 MPH over. In municipal court the same deposits total $75.80 to $108.80 and $101.00 to $134.00, because the $89.50 justice-information surcharge does not apply there and court costs are set locally.
- License impact
- No direct suspension for a single violation, but 4 points per ticket adds up fast. A probationary or instruction-permit holder who already has a point conviction has the points doubled under Wis. Stat. § 343.32(2)(bc), so a second 4-point ticket posts as 8.
- Insurance impact
- Insurance impact can be meaningful and often costs more over time than the court fine.
This is the tier where insurance impact can outweigh the fine. Defending the ticket or negotiating a plea is often cost-effective.
Speeding 20+ MPH over the limit
Classified as a serious moving violation. Courts have flexibility to reduce the charge, often critical for CDL holders and younger drivers.
- Demerit points
- 6 points
- Typical fine
- $30-$300 statutory forfeiture (Wis. Stat. § 346.60(2)(a)); $50-$300 on an expressway or freeway. The 2026 uniform deposit schedule scales sharply above 20 over. Circuit court: $225.70 at 20-24 MPH over, $250.90 at 25-29, $295.00 at 30-34, $358.00 at 35-39, $452.50 at 40-44, and $515.50 at 45 or more. Municipal court, where the $89.50 justice-information surcharge does not apply and court costs are local: $126.20 to $159.20 at 20-24 over, $151.40 to $184.40 at 25-29, $195.50 to $228.50 at 30-34, $353.00 to $386.00 at 40-44, and $416.00 to $449.00 at 45 or more.
- License impact
- 6 points on a single ticket, half of the 12 that trigger a WisDOT point suspension in a 12-month period. A probationary or instruction-permit holder with a prior point conviction has these points doubled to 12 under Wis. Stat. § 343.32(2)(bc), which is an immediate suspension. Separately, 25 MPH or more over a limit set under § 346.57(4)(gm) or (h) carries a mandatory 15-day court-ordered suspension under § 343.30(1n).
- Insurance impact
- High-severity moving violation; insurers may rate it more heavily than lower-speed tickets.
In some Wisconsin counties, 20+ over may trigger an automatic court appearance. An attorney can usually appear on your behalf and negotiate a reduction.
High-speed speeding, work zones and school zones
The top of the non-criminal speeding range. This is also the territory where prosecutors add a reckless-driving charge, which is a separate offense with its own penalties.
- Demerit points
- 6 points (the top speeding tier, 20 MPH or more over)
- License impact
- Six demerit points is the maximum the speeding schedule assigns under Wis. Admin. Code Trans 101.02(1)(j); Wisconsin does not add points above 20 MPH over. Suspension comes from accumulating 12 points in 12 months, not from the speed itself.
- Insurance impact
- Treated as a serious non-criminal traffic offense; insurance impact and renewal decisions vary by carrier.
Wisconsin does not create a separate statutory tier at 25 MPH over: the point schedule tops out at 6 points for 20 MPH or more over, and the forfeiture range under Wis. Stat. § 346.60(2)(a) does not change with the speed. What does change the number is the zone. Under § 346.60(3m)(a)1 the minimum and maximum forfeiture are doubled where workers are at risk in a highway maintenance, construction, utility or emergency response area, and under § 346.60(3m)(b) they are doubled where children are present in a posted school zone. If the work-zone violation causes bodily harm, § 346.60(3m)(a)2 raises the exposure to a fine of up to $10,000 or up to 9 months, or both. At high speeds a reckless-driving charge under § 346.62 is often stacked on top. Fighting both matters.
Reckless Driving
Wis. Stat. § 346.62(2) prohibits endangering the safety of any person or property by the negligent operation of a vehicle, with "negligent" carrying the criminal-negligence meaning in § 939.25(2). Highly defensible, because the standard turns on the officer's characterization of the driving.
- Demerit points
- 6 points
- Typical fine
- 1st offense: $50-$400 forfeiture (Wis. Stat. § 346.65(1)(a)), but the 2026 uniform deposit schedule puts the actual first-offense total at $999.50 in circuit court, because a $535 driver improvement surcharge (Wis. Stat. § 346.655(1)) and a $75 safe ride program surcharge are added on top of the $200 deposit. In a work zone the circuit-court total is $1,251.50. In municipal court the schedule directs that $610 in driver improvement and safe ride surcharges be added to the bond, which puts the same $200 deposit at roughly $900.00 to $933.00 depending on local court costs. 2nd or subsequent: $100-$1,000 and/or up to 1 year in county jail (§ 346.65(1)(b)). Causing bodily harm: $600-$4,000 and 60 days to 2 years (§ 346.65(3)). Causing great bodily harm: Class H felony (§ 346.65(5)), up to $10,000 or 6 years, or both.
- License impact
- A first-offense forfeiture still posts 6 demerit points as a serious moving violation. The criminal tiers can carry jail and a criminal record on top of the point consequence.
- Insurance impact
- One of the more heavily weighted traffic violations for insurance and license review.
Wisconsin grades reckless driving by outcome, not by a single label. Section 346.62(2) (endangerment, no injury) is a forfeiture on a first offense. Section 346.62(3) (causing bodily harm) and § 346.62(4) (causing great bodily harm) are criminal, and great bodily harm is a Class H felony under § 346.65(5). A second or subsequent § 346.62(2) violation is also criminal under § 346.65(1)(b), and the statute attaches no time limit to "2nd or subsequent." We frequently get these reduced, especially when no injury or property damage is alleged.
OWI. 1st Offense
A first OWI in Wisconsin is a civil forfeiture rather than a crime, but it is not a minor ticket: it carries 6 demerit points, a revocation, and a mandatory $535 surcharge. We handle OWI defense at our sister site, Racine OWI.
- Demerit points
- 6 points (Wis. Admin. Code Trans 101.02(1)(g))
- License impact
- 6-9 month revocation under Wis. Stat. § 343.30(1q)(b)2. An ignition interlock device is ordered under § 343.301(1g)(a) where the driver improperly refused testing, had an alcohol concentration of 0.15 or more, or already has one or more countable prior convictions, suspensions or revocations.
- Insurance impact
- High-risk classification for many insurers. A first-offense OWI revocation does not by itself require an SR-22 filing: Wis. Stat. § 343.38(1)(c)2.c exempts reinstatement of a privilege revoked under § 343.30(1q)(b)2.
Even a first offense carries a 6-9 month revocation, an alcohol assessment and driver safety plan ordered under § 343.30(1q)(c), the $535 driver improvement surcharge, and long-term insurance costs. A minor passenger under 16 in the vehicle changes the tier: under § 346.65(2)(f)1 the person "shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months." Because the exposure turns on the prior-offense count and the alcohol concentration, take OWI questions to Racine OWI rather than reading them off a ticket page.
Racine OWI →
Our dedicated OWI / DUI defense site. Start here for first-offense cases.
OWI. 2nd Offense
The first criminal tier. A 10-year lookback applies, so a prior counted under § 343.307(1) from within 10 years puts the case here. Jail exposure is 5 days to 6 months.
- Demerit points
- 6 points (Wis. Admin. Code Trans 101.02(1)(g))
- Insurance impact
- High-risk; rate increases similar to or greater than a 1st offense, and insurers may non-renew. Unlike a first offense, this revocation is not exempt from the SR-22 filing duty in Wis. Stat. § 343.38(1)(c)1.
Under § 346.65(2)(am)2, the lookback for a 2nd offense is 10 years, not lifetime. The counting rules change at the third offense: § 343.30(1q)(b)3 limits the count to convictions and revocations under § 343.307(1) "within a 10-year period," but § 343.30(1q)(b)4, which sets the 2-to-3-year revocation for a 3rd or subsequent offense, carries no 10-year limit, so older priors still count there. Get the prior-offense analysis right. It drives sentencing exposure.
Racine OWI →
Criminal OWI defense. Charges at this tier require specialist representation. Visit our OWI site.
Failure to Yield Right-of-Way
Often issued after a crash where the officer assigns blame based on who had the right-of-way. Fact-dependent, usually defensible with witness or scene evidence.
- Demerit points
- 4 points
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moderate insurance risk; exact impact varies by carrier and record.
Wis. Stat. § 346.18 covers right-of-way at intersections. Because the officer typically did not witness the crash, a good defense often turns on traffic-camera footage, witness statements, or diagramming the collision.
Running a Red Light
A frequent plea reduction. Most red-light citations rest on a single officer's observation and are defensible on timing and visibility.
- Demerit points
- 3 points
- Typical fine
- $20-$40 statutory forfeiture for a first offense, $50-$100 for a 2nd or subsequent conviction within a year (Wis. Stat. § 346.43(1)(b)1)
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moving-violation insurance risk; exact impact varies by carrier and record.
Defenses often include the yellow-light duration, obstructed view, or mistaken lane and vehicle identification.
Running a Stop Sign
Must come to a complete stop. "California stop" is the most commonly cited form. Reducible in most counties.
- Demerit points
- 3 points
- Typical fine
- $20-$40 statutory forfeiture for a first offense, $50-$100 for a 2nd or subsequent conviction within a year (Wis. Stat. § 346.49(1)(a))
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moving-violation insurance risk; exact impact varies by carrier and record.
Defenses include officer sight-line challenges, stop-sign visibility (foliage, weather), and the distinction between complete stop and slow roll. Frequently reduced to a non-moving violation.
Unsafe Lane Change / Deviation from Lane
Often paired with a suspected-OWI stop as the probable cause. Highly subjective, the standard is whether the change was made safely. Also a serious traffic violation for CDL holders under Table 2 to 49 CFR § 383.51.
- Demerit points
- 4 points
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moving-violation insurance risk; exact impact varies by carrier and record.
Because the officer is the only witness in most cases and the statute requires the movement to be "reasonably safe," defense frequently focuses on traffic conditions, signaling, and dashcam review.
Following Too Closely (Tailgating)
Common after rear-end collisions. The "reasonable and prudent" standard gives room to fight. Low on the Wisconsin point scale but a serious traffic violation for a CDL holder under federal law.
- Demerit points
- 3 points
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moving-violation insurance risk; exact impact varies by carrier and record.
The statute doesn't specify a distance. It requires a reasonable following distance given speed, traffic, and road conditions. That subjectivity is a defense opportunity.
Improper Passing
Covers passing on the right, passing in a no-pass zone, and passing near an intersection. Varies significantly by fact pattern.
- Demerit points
- 3 points
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Carrier-specific; often treated as a serious rating event.
Multiple statutes can apply. The officer must identify the correct subsection. That is sometimes a viable defense on its own.
Texting / Inattentive Driving
Wisconsin prohibits both inattentive driving and texting while driving, and § 346.95(2) puts them in the same $20-$400 forfeiture range.
- Demerit points
- 4 points for inattentive driving under § 346.89(1) (Trans 101.02(2)(h))
- License impact
- No direct suspension for a single violation.
- Insurance impact
- Moving-violation insurance risk; insurers may scrutinize distracted-driving convictions more heavily.
"Inattentive driving" is a separate charge under § 346.89(1) and is commonly used when the officer cannot prove texting specifically. Inattentive driving carries 4 demerit points under Wis. Admin. Code Trans 101.02(2)(h). The texting offense at § 346.89(3) is not separately listed in the Trans 101.02 point schedule, so ask before assuming the point consequence is the same. For CDL holders, texting and hand-held phone use while driving a commercial motor vehicle are separate serious traffic violations under Table 2 to 49 CFR § 383.51.
Operating While Suspended or Revoked (OWS / OAR)
Two distinct offenses: Operating While Suspended (OWS) and Operating After Revocation (OAR). OAR is far more serious, often tied to OWI or unpaid-forfeiture revocations.
- Demerit points
- 3 points
- License impact
- Extends the suspension period. OAR can lead to vehicle immobilization and criminal charges.
- Insurance impact
- Insurers treat this as high-risk; coverage may be non-renewed.
Many OWS cases come from unpaid forfeitures, unpaid child support, or lapsed insurance. Often resolvable by clearing the underlying issue and negotiating a dismissal or reduction.
Operating Without Insurance
Frequently dismissed when the driver can show valid coverage was in force on the date of the citation.
- Demerit points
- 0 points (WisDOT charge codes CNI and CNP, BDS109 rev. 10/2025)
- Typical fine
- Up to $500 forfeiture for operating without insurance under Wis. Stat. § 344.62(1) (§ 344.65(1)(a)); $10 forfeiture for failing to carry proof of insurance under § 344.62(2) (§ 344.65(1)(b)). The 2026 uniform deposit schedule sets the no-insurance total at $200.50 in circuit court (a $50 deposit plus surcharges and costs), or $101.00 to $134.00 in municipal court, and leaves the no-proof violation at a flat $10.00. Under § 344.65(1)(c) no one charged under § 344.62(2) may be convicted if they produce proof they were insured when the citation was issued
- License impact
- No automatic license suspension, but involvement in an accident without insurance can trigger license and registration suspension until a judgment is paid (Safety Responsibility Law).
- Insurance impact
- A conviction here makes it very hard to obtain affordable insurance going forward. Carriers flag the lapse.
If you had valid insurance at the time of the stop and simply did not have proof with you, most courts will dismiss the citation with proof later. Bring the declaration page or a letter from your insurer.
Open Intoxicants in a Motor Vehicle
Commonly issued alongside an OWI or speeding stop. Defensible on possession, access, and whether the vehicle was on a "highway."
- Demerit points
- 0 points (Wis. Admin. Code Trans 101.02(5)(n), "open intoxicant in vehicle")
- Typical fine
- Not more than $100 forfeiture, driver or passenger (Wis. Stat. § 346.95(2m)); court costs and surcharges are added on top
- License impact
- No license impact on its own.
- Insurance impact
- Usually no direct insurance effect, not a moving violation.
Applies to drivers and passengers. The trunk exclusion is narrower than most people assume: under § 346.935(3), keeping an <em>opened</em> receptacle is excused only where it is in the trunk or, in a vehicle with no trunk, "in some other area of the vehicle not normally occupied by the driver or passengers." A glove compartment or utility compartment is expressly <em>not</em> such an area. That exclusion applies only to the § 346.935(3) owner/driver offense, not to the § 346.935(2) offense of possessing an opened receptacle on your person. Passengers in a limousine or motor bus are exempt under § 346.935(4)(b). The stop itself must also be lawful.
Minor in Possession of Alcohol (While Driving)
Wisconsin's "absolute sobriety" law: under the legal drinking age, *any* detectable alcohol while driving is a violation (not .02. Any amount).
- Demerit points
- 4 points under Trans 101.02(2)(k) for a § 346.63(2m) absolute-sobriety conviction
- License impact
- A conviction under § 346.63(2m) carries a court-ordered 3-month suspension under Wis. Stat. § 343.30(1p), even at a BAC under 0.08. That rises to 6 months if a minor passenger under 16 was in the vehicle.
- Insurance impact
- Classified as high-risk; same SR-22 consequences as adult OWI.
Wis. Stat. § 346.63(2m) prohibits BAC "more than 0.0 but not more than 0.08" for drivers under 21. Competitor sites frequently misquote this as ".02", the statute says any detectable amount.
Racine OWI →
Underage absolute-sobriety cases are OWI cases. Our OWI defense team handles these at Racine OWI.
Failure to Stop for a School Bus
Strict liability. The red flashing lights + extended stop arm must be engaged. Fact-dependent and often fightable on timing and visibility.
- Demerit points
- 4 points
- License impact
- Standard accumulated-point consequences. Repeat offenses can bring court-ordered suspension.
- Insurance impact
- Carrier-specific; insurers often weight this heavily.
The key triggering condition is that the bus's alternating red flashing warning lights must be activated. Video from the bus's stop-arm camera is usually the determining piece of evidence.
Railroad Crossing Violation
Covers failure to stop when signals are active, when a train is plainly visible, or at a "crossbuck"-only crossing when required to stop. CDL drivers face enhanced consequences.
- Demerit points
- 6 points
- Typical fine
- Up to $1,000 forfeiture for a first offense, up to $3,000 for a 2nd or subsequent conviction within 3 years (Wis. Stat. § 346.49(2m)(a))
- License impact
- At 6 points, half the 12-point suspension threshold in Wis. Admin. Code Trans 101.04(1) comes from a single citation.
- Insurance impact
- Moving-violation insurance risk; exact impact varies by carrier and record.
This is a 6-point offense, the same tier as reckless driving and 20-over speeding. Recklessly endangering safety at a railroad crossing is charged separately under Wis. Stat. § 346.62(2m) and carries a $600 to $2,000 forfeiture under § 346.65(4m) plus a railroad crossing improvement surcharge equal to 50 percent of the forfeiture under § 346.65(4r). Separately, as a matter of federal law, Table 3 to 49 CFR § 383.51 disqualifies a CDL holder for no less than 60 days on a first grade-crossing conviction, but only where the driver was operating a commercial motor vehicle at the time of the violation.
